SYMPHONY WAY ROW CITY SLAMMED OVER MARIKANA …
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FRIDAY JANUARY 10 2014 13 News Daneel Knoetze STAFF REPORTER THE LEGAL Resources Centre (LRC) has slammed the City of Cape Town for “unlawfully” evicting people and demolishing their shacks at the Marikana informal settlement in Philippi this week. In a letter to the city, the LRC’s Sheldon Magardie demanded, on behalf of the evicted residents, that the city “immediately refrain from tak- ing further steps (towards) demol- ishing informal structures… except in terms of an order of court duly obtained”. The residents also demand- ed that the city rebuild the structures that were demolished. Failing this, the evicted residents would today apply for an urgent inter- im interdict in the Western Cape High Court, Sheldon concluded. Over the course of Tuesday and Wednesday, the city’s Anti-Land Inva- sion Unit demolished dozen of shacks, leaving residents destitute. The unit’s members did not present a court order – which is a legal require- ment for an eviction to be carried out. When the Cape Argus visited the area on Wednesday, there were collapsed shacks and furniture were littered throughout the settlement. “We have lost many things,” William Mabula, one of the evictees, told the Cape Argus yesterday. “My (identity booklet) is missing. My food got ruined. My furniture has been damaged… The eviction was very rough, and it was illegal. Who will compensate me?” Mabula, like many of Marikana’s residents, moved to the open plot of land off Symphony Way because he lost his job and could no longer afford rent for a room. “This was a bad place before. There was crime, people dumped dead bod- ies and stolen cars were stashed here,” he said. “Today there is no water and electricity for us, but at least we are a friendly community and criminals are no longer welcome.” The land is owned by NTWA Dumela Investments and company spokesman Oscar Saunderson yes- terday condemned the Marikana res- idents for “hijacking” the land and preventing industrial developments “which could create thousands of jobs”. He said the company had secured a court order and that the residents would be legally evicted at a later stage. The city’s mayoral committee mem- ber for Human Settlements, Tandeka Gqada, has twice refused to answer questions about whether the unit had a court order when evicting residents this week. Nor would she answer ques- tions about why the unit over-extend- ed its apparent mandate by becoming involved in a dispute between a private land owner and land occupiers. Last year she told the Cape Argus that the unit was there to protect “city, provincial or state-owned land” from being invaded. The city’s response also made little reference to the residents’ demands via the LRC. Instead, Gqada said that the city intends applying for a court interdict as well. “The city has a duty to act accord- ing to the constitution in upholding the rule of law,” Gqada said. “This includes a general duty to… take measures to prevent unlawful land invasions of privately-owned or State-owned land…” [email protected] SYMPHONY WAY ROW CITY SLAMMED OVER MARIKANA EVICTIONS CZECH fugitive Radovan Krejcir’s application to overturn a ruling deny- ing him bail has been rejected by the High Court in Joburg. Judge Leonie Windell said yesterday she was satis- fied with magistrate Reginald Dama’s deci- sion in the Palm Ridge Regional Court on December 13 to deny bail to Krejcir, p i c t u r e d . Krejcir, Desai Luphon- do, and two members of the Hawks, Warrant Officers Samuel Modise Maropeng and George Jeff Nthoroane, were arrested in November. They face charges of kidnapping, assault and attempted murder. In the application, Krejcir’s team questioned Dama’s decision not to allow them to undertake cross-examination based on an affidavit submit- ted by the South African Revenue Service. Judge Windell upheld Dama’s decision on this point and agreed that Krejcir and his co- accused were charged under schedule five of the Criminal Proce- dure Act. In terms of schedules five and six of this act, an accused must show that it is in the interests of justice that they be released on bail. For schedule six offences, how- ever, they also have to show that there are exceptional circumstances justifying their release. Crimes regarded as schedule five and six offences include murder, rape and robbery. Judge Windell noted that Krejcir had fled other countries to evade trial and in fear of being murdered. “Krejcir faces similar circum- stances in South Africa. There have been at least two attempts on his life and two of his associates were killed,” she said. Krejcir had expressed the opin- ion that he would not get a fair trial in South Africa. Also, he did not own assets in South Africa, and had numerous business interests in other countries. “Being a foreign national does not, in itself, preclude the court from granting bail,” Judge Windell said. She noted that Krejcir had had no difficulty obtaining false travel documents and in hiding from authorities. She said one witness in the case had received death threats and that his dogs had been killed. Krejcir’s lawyer, Francois Roets, asked that the matter stand down until 2pm so his team could seek leave to take the matter up with the Supreme Court of Appeal. In June, Krejcir and his three co- accused allegedly kidnapped and assaulted a man whose brother, known only as Doctor, disappeared with a 25kg shipment of tik he had been recruited to help smuggle through OR Tambo International Airport. They allegedly kept the man at Krejcir’s Money Point business in Bedfordview, Joburg, for four days, and assaulted him. Krejcir’s wife, Katerina Krejciro- va, was in court, but she left quickly after the judgment was handed down. – Sapa BAIL RULING UPHELD Krejcir loses bid for freedom, legal team to appeal OUT IN THE COLD Residents’ property was left exposed to the elements PICTURE: HENK KRUGER Legal body says shack demolitions were ‘unlawful’ HEAR US Philippi residents calling themselves the Community of Shack Dwellers march in the CBD PICTURE: ADRIAN DE KOCK
Transcript of SYMPHONY WAY ROW CITY SLAMMED OVER MARIKANA …
FRIDAY JANUARY 10 2014 13News
Daneel Knoetze
STAFFREPORTER
THE LEGAL Resources Centre (LRC)has slammed the City of Cape Town for“unlawfully” evicting people anddemolishing their shacks at theMarikana informal settlement inPhilippi this week.
In a letter to the city, the LRC’sSheldon Magardie demanded, onbehalf of the evicted residents, that thecity “immediately refrain from tak-ing further steps (towards) demol-ishing informal structures… exceptin terms of an order of court dulyobtained”. The residents also demand-ed that the city rebuild the structuresthat were demolished.
Failing this, the evicted residentswould today apply for an urgent inter-im interdict in the Western Cape HighCourt, Sheldon concluded.
Over the course of Tuesday andWednesday, the city’s Anti-Land Inva-sion Unit demolished dozen of shacks,leaving residents destitute.
The unit’s members did not presenta court order – which is a legal require-ment for an eviction to be carried out.When the Cape Argus visited the areaon Wednesday, there were collapsedshacks and furniture were litteredthroughout the settlement.
“We have lost many things,” WilliamMabula, one of the evictees, told theCape Argus yesterday.
“My (identity booklet) is missing.My food got ruined. My furniture hasbeen damaged… The eviction wasvery rough, and it was illegal. Who willcompensate me?”
Mabula, like many of Marikana’sresidents, moved to the open plot ofland off Symphony Way because helost his job and could no longer affordrent for a room.
“This was a bad place before. Therewas crime, people dumped dead bod-ies and stolen cars were stashed here,”he said. “Today there is no water andelectricity for us, but at least we are afriendly community and criminalsare no longer welcome.”
The land is owned by NTWADumela Investments and companyspokesman Oscar Saunderson yes-terday condemned the Marikana res-idents for “hijacking” the land andpreventing industrial developments“which could create thousands of jobs”.
He said the company had secured acourt order and that the residentswould be legally evicted at a later stage.
The city’s mayoral committee mem-ber for Human Settlements, TandekaGqada, has twice refused to answerquestions about whether the unit hada court order when evicting residents
this week. Nor would she answer ques-tions about why the unit over-extend-ed its apparent mandate by becominginvolved in a dispute between a privateland owner and land occupiers.
Last year she told the Cape Argusthat the unit was there to protect “city,provincial or state-owned land” frombeing invaded.
The city’s response also made littlereference to the residents’ demands viathe LRC. Instead, Gqada said thatthe city intends applying for a courtinterdict as well.
“The city has a duty to act accord-ing to the constitution in upholding therule of law,” Gqada said. “This includesa general duty to… take measures toprevent unlawful land invasions ofprivately-owned or State-ownedland…”
SYMPHONY WAY ROW
CITY SLAMMED OVERMARIKANA EVICTIONS
CZECH fugitive Radovan Krejcir’sapplication to overturn a ruling deny-ing him bail has been rejected by theHigh Court in Joburg.
Judge Leonie Windell saidyesterday she was satis-fied with magistrateReginald Dama’s deci-sion in the Palm RidgeRegional Court onDecember 13 to denybail to Krejcir, pictured.
Krejcir, Desai Luphon-do, and two members of theHawks, Warrant Officers SamuelModise Maropeng and George Jeff Nthoroane, were arrested inNovember.
They face charges of kidnapping,assault and attempted murder.
In the application, Krejcir’s teamquestioned Dama’s decision not
to allow them to undertakecross-examination based
on an affidavit submit-ted by the South AfricanRevenue Service.
Judge Windellupheld Dama’s decision
on this point and agreedthat Krejcir and his co-
accused were charged underschedule five of the Criminal Proce-
dure Act.In terms of schedules five and six
of this act, an accused must show
that it is in the interests of justice thatthey be released on bail.
For schedule six offences, how-ever, they also have to show thatthere are exceptional circumstancesjustifying their release.
Crimes regarded as schedule fiveand six offences include murder, rapeand robbery.
Judge Windell noted that Krejcirhad fled other countries to evadetrial and in fear of being murdered.
“Krejcir faces similar circum-stances in South Africa. There havebeen at least two attempts on his lifeand two of his associates were killed,”she said.
Krejcir had expressed the opin-
ion that he would not get a fair trialin South Africa. Also, he did not ownassets in South Africa, and hadnumerous business interests in othercountries.
“Being a foreign national does not,in itself, preclude the court fromgranting bail,” Judge Windell said.
She noted that Krejcir had hadno difficulty obtaining false traveldocuments and in hiding fromauthorities.
She said one witness in the casehad received death threats and thathis dogs had been killed.
Krejcir’s lawyer, Francois Roets,asked that the matter stand downuntil 2pm so his team could seek
leave to take the matter up with theSupreme Court of Appeal.
In June, Krejcir and his three co-accused allegedly kidnapped andassaulted a man whose brother,known only as Doctor, disappearedwith a 25kg shipment of tik he hadbeen recruited to help smugglethrough OR Tambo InternationalAirport.
They allegedly kept the man atKrejcir’s Money Point business inBedfordview, Joburg, for four days,and assaulted him.
Krejcir’s wife, Katerina Krejciro-va, was in court, but she left quicklyafter the judgment was handed down.– Sapa
BAIL RULING UPHELD
Krejcir loses bid for freedom, legal team to appeal
OUT IN THE COLD
Residents’ property was left exposed to the elements PICTURE: HENK KRUGER
Legal body
says shack
demolitions
were ‘unlawful’
HEAR US
Philippi residents callingthemselves the Community ofShack Dwellers march in the CBD
PICTURE: ADRIAN DE KOCK
